Law Firm to Investigate Tragic Death of Grade R Learner

The Gauteng Department of Education has appointed an Independent Investigative Law Firm to probe the circumstances surrounding the tragic death of Grade R learner, Manqoba Mnisi.

The learner from Bernard Isaacs Primary School in Coronationville, Johannesburg, tragically passed away on Monday, 2 February, following an incident that occurred on the school premises. 

The unclear details surrounding the learner’s death prompted the Gauteng Department of Education to institute an independent investigation to establish the full facts surrounding the matter.

“The department remains unwavering in its commitment to establishing the truth. We have full confidence in the independence and capability of Buthelezi-Vilakazi Incorporated to conduct a thorough and impartial investigation. 

“Whatever findings emerge from this process will be acted upon decisively, as has been the case with previous independent investigations undertaken by the department,” MEC for Education Matome Chiloane said on Thursday.

The MEC formally introduced the law firm to the Mnisi family and school, including the School Management Team and the School Governing Body (SGB).

The terms of reference and scope for Buthelezi-Vilakazi Incorporated are as follows:

• To investigate the allegations surrounding Mnisi’s death with the District Director, Circuit Manager, Cluster Leader, the Principal, the Educator(s), the General Assistant, the deceased’s parent(s), the Security Officers, and the community members mentioned, learners at the school, and any other relevant witnesses. 
• The investigation must include clear findings that complement specific recommendations on matters relating to Education Laws, South African Schools Act, Employment Equity Act, Children’s Act, and any other relevant laws.

The scope of investigations will involve: whether there are merits to the allegations; the circumstances around the allegations; the conduct of the educator(s); the School Management Team and the Principal; whether the matter was reported to department; the cause of death of the learner;  whether any employees of the department failed to observe their legal obligations in relation to the care of the learner; whether the department is liable or not; whether or not there was any omission on the part of the department, and what the department can do to address the problem; whether there is a general problem of this nature at the school; the role if any of the School Governing Body; whether counselling was provided or not; and whether it is necessary to provide it now.

“The law firm has two weeks to conduct its investigation, after which it will provide a report with findings and recommendations. The MEC reiterated the department’s determination to uncover the truth of what transpired, noting the commitment is shared by the Mnisi family,” the department said. – SAnews.gov.za